DINESH S Vs. A SUBRAMANIAM

JUDGEMENT

(1.) The aggrieved son filed the present writ petition against the order dated 26.04.2014 passed by the I Additional Principal Judge, Family Court, Bengaluru in Crl.Mis.No.396/2010 on I.A. No.2, awarding the interim maintenance of Rs.5,000.00 p.m., from the date of filing of application pending disposal of the main petition.

(2.) The parties herein are referred to as per their ranking before the Family Court.

(3.) The petitioner - father has filed the Crl.Mis.No.396/2010 under Sec. 125 of Crimial P.C. read with Sec. 10 of Family Courts Act for permanent maintenance of Rs.20,000.00 p.m. and Rs.15,000.00 towards litigation expenses contending that the respondent is his son and the petitioner-father has brought up his son with love, care and affection. However, the petitioner's wife deserted him along with her son and eversince they are residing in a separate house with effect from 05.04.2014. The respondent's mother had obtained divorce against the petitioner in the proceedings before the Honourable Family Court, Bengaluru and thereafter, at the ill-advise and instigation of the respondent's mother, the respondent - son has not bothered to assist the petitioner and at this age, the petitioner-father is alone without any support. Further, it is contended that the respondent-son is working as a Manager in multinational software company called DELL and is drawing a salary of about Rs.1,00,000.00 per month. Now, the respondent-son is married and residing along with his mother ignoring the needs of the petitioner-father. Therefore, he sought for permanent maintenance and also contended that the petitioner-father has constructed a house during the year 1990-91 with his hard earned money, loans from various sources and eversince, he is residing in the said house. Knowing all these, respondent's mother - Smt. B. R. Kalyani has now filed a suit in O.S. No.3765/2009 pending before the Honourable Court to quit, vacate and deliver vacant possession of the house property and also to pay damages of Rs.10,000.00 per month. The respondent-son has not providing any maintenance to the petitioner-father and has not bothered to take care of his basic needs and necessities. Therefore, the petitioner-father had filed a petition.